STATE OF KERALA Vs. P.L.PRAKASH JAMES

JUDGEMENT

(1.) Both these Writ Appeals are filed by the State challenging the common judgment of the learned Single Judge allowing two Writ Petitions, W.P.(C) Nos. 14029 of 2013 and 9280 of 2013. The appellants are the respondents in the Writ Petitions. Both these cases concern the grant of FL-11 licences under the Foreign Liquor Rules. FL-11 licences are issued for the conduct of Wine/Beer Parlours within the State. They are granted only to hotels having a classification of Three Star and above. It is not in dispute that, the hotels in both these Writ Appeals satisfy the said condition. The respective hotels are arrayed as 1st respondent in both the Appeals. As per the judgment appealed against, the learned Single Judge has set aside the impugned order Ext.P3 issued by the Excise Commissioner and has directed the grant of FL-11 licences to the hotels without insisting on the condition stipulated by the said order, namely, that they should get a No Objection Certificate from the Local Authority.

(2.) The short facts necessary for our purpose are the following:

(3.) The writ petitioner in W.P.(C) No. 9280 of 2013 had submitted his application Ext.P2 on 5.10.2010. The same was recommended by the Deputy Excise Commissioner as per Ext.P10 dated 18.11.2011 and by the Joint Excise Commissioner on 16.12.2010. As per Ext.P9 dated 15.3.2012 the Excise Commissioner also recommended the same. The Government had accorded sanction for the grant of FL-11 licence to the said Hotel also as per its order dated 6.12.2012. As in the former case, the Excise Commissioner has stipulated a condition in Ext.P3 order that the applicant should obtain a No Objection Certificate from the Kanhangad Municipality.